- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
32. (1) This regulation applies in any case where, as a result of a search made under regulation 31, a person has obtained information relating to a registered instrument or a registered order which confers authority to make decisions about matters concerning a person (“P”).
(2) On receipt of an application made in accordance with paragraph (4), the Public Guardian may, if he considers that there is good reason to do so, disclose to the applicant such additional information as he considers appropriate.
(3) “Additional information” means any information relating to P—
(a)which the Public Guardian has obtained in exercising the functions conferred on him under the Act; but
(b)which does not appear on the register.
(4) An application must state—
(a)the name of P;
(b)the reasons for making the application; and
(c)what steps, if any, the applicant has taken to obtain the information from P.
(5) The Public Guardian may require the applicant to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine the application.
(6) In determining whether to disclose any additional information to P, the Public Guardian must, in particular, have regard to—
(a)the connection between P and the applicant;
(b)the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P);
(c)the benefit to P, or any detriment he may suffer, if a disclosure is made; and
(d)any detriment that another person may suffer if a disclosure is made.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: